Eviction Case - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Eviction Case

13 Nov Eviction Case

Posted at 23:23h in General by
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COURT IN CHARGE OF EVICTION PROCEEDINGS

The duties of the courts are determined by law. The mission is about public order. It is therefore considered at every stage of the trial. The court in charge of eviction proceedings is set out in Article HMK 4/1-a (HUMK 8/II-1)

The legal courts are responsible for all disputes related to the eviction of the leased real estate by way of unannounced execution according to Article 9.6.1932 dated 2004, including the claims arising from the lease relationship and the cases brought against these cases.

AUTHORITY HMK 5 (HUMK 9.) Md

Authority: refers to which place Court a case is to be looked at regardless of its value.

HMK 6 (HUMK 9) Md, which sets the General Authority rule. The general competent court is the court of settlement of the defendant real and legal person at the date of the opening of the case.

The settlement is determined according to the provisions of the Turkish Civil Code No. 4721 dated 22.11.2001

The competent court in eviction cases is determined according to the rules of HMK 6 and 7 (HUMK 9)and HMK 10 (HUMK 10) as the dispute does not relate to the same immovable property.

According to Article 10 of HMK, jurisdiction in cases arising from the contract may be opened in the court of the place where the contract will be executed.

Accordingly, the competent court is the court of settlement of the defendant or the place of execution of the contract is also the place where the immovable property is located, in general, eviction cases are looked at in the court of the place where the immovable is located.
In Article 17 of HMK, ” the merchants or public legal entities of the authority agreement May, by contract, authorise one or more courts to deal with a dispute between them that may arise or arise.”Unless otherwise agreed by the parties, the case can only be opened in these courts determined by the contract.

Therefore, according to this provision, the personal persons shall not be able to arrange an authorization agreement for the lease agreement they have made between themselves.

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